Comparative Analysis of Proprietary Rights of Spouses in Josephine Code of 1787 and Roman Law

The study highlights the provisions of the third chapter “On the rights of spouses” of the first part “On personal law” of the Josephine Code of 1787, which regulated marital relations in the Habsburg monarchy. The author reveals the process of compiling the Josephine Code and presents its structure. The main focus of the study is based on the characteristics of the property relations of spouses according to the Josephine Code and the identification in them а reflection of the reception of provisions of Roman law. Therefore, the author researches the legal regime of various types of property of the spouses, including dowry (so-called marital property) and its security, own property, joint property, widow’s maintenance, as well as the procedure for administrating the wife’s property and the peculiarities of the right of usufruct. In conclusion, the author substantiates the historical and legal significance of the Josephine Code.